Climbing to a newly assigned altitude, flight crew received a TCASII TA.

Attributes
ACN	491760
Time
Date	200011
Day	Sat
Local Time Of Day	0601 To 1200
Place
Locale Reference	navaid : ptw.vortac
State Reference	PA
Altitude	msl bound lower : 9000 msl bound upper : 9700
Environment
Flight Conditions	Mixed
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zny.artcc
Operator	common carrier : air carrier
Make Model Name	Dash 8 Series Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Navigation In Use	Other
Flight Phase	climbout : vacating altitude
Flight Plan	IFR
Aircraft 2
Controlling Facilities	artcc : zny.artcc
Operator	common carrier : air carrier
Make Model Name	DC-9 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Flight Phase	cruise : level
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp pilot : multi engine
Experience	flight time last 90 days : 210 flight time total : 9300 flight time type : 6200
ASRS Report	491760
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : multi engine pilot : instrument pilot : commercial
Events
Anomaly	conflict : airborne less severe inflight encounter : weather non adherence : published procedure other anomaly other
Independent Detector	aircraft equipment : tcas
Resolutory Action	controller : issued new clearance flight crew : took precautionary avoidance action
Consequence	faa : reviewed incident with flight crew
Miss Distance	horizontal : 15000 vertical : 300
Supplementary
Problem Areas	Aircraft ATC Human Performance Weather
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

We were cleared by approach to climb to 9000 ft. We were xferred to center frequency. Upon checking in with center, we were cleared to continue our climb to 14000 ft. As we were climbing through 9500 ft, the TCASII gave a TA, traffic at 10000 ft level on a converging course. I could not see the traffic because of clouds. I felt uncomfortable with the proximity of this traffic, so I stopped the climb at 9700 ft and instructed the first officer to tell center. Center asked us our altitude and told us we should have stopped at 9000 ft. We responded that we were cleared to 14000 ft and the ATC controller said 'expedite climb through 11000 ft, this was our mistake.' I did not feel comfortable with that, as we were now very close to the DC9. I advised ATC that we were descending to 9000 ft, and they cleared us to 9000 ft. We then visually acquired the other aircraft and there was no danger. TCASII gave a yellow TA but did not give an RA. The geometry of our flight paths might not have crossed, even if I had climbed to 10000 ft.

Original NASA ASRS Text

Title: CLBING TO A NEWLY ASSIGNED ALT, FLC RECEIVED A TCASII TA.

Narrative: WE WERE CLRED BY APCH TO CLB TO 9000 FT. WE WERE XFERRED TO CTR FREQ. UPON CHKING IN WITH CTR, WE WERE CLRED TO CONTINUE OUR CLB TO 14000 FT. AS WE WERE CLBING THROUGH 9500 FT, THE TCASII GAVE A TA, TFC AT 10000 FT LEVEL ON A CONVERGING COURSE. I COULD NOT SEE THE TFC BECAUSE OF CLOUDS. I FELT UNCOMFORTABLE WITH THE PROX OF THIS TFC, SO I STOPPED THE CLB AT 9700 FT AND INSTRUCTED THE FO TO TELL CTR. CTR ASKED US OUR ALT AND TOLD US WE SHOULD HAVE STOPPED AT 9000 FT. WE RESPONDED THAT WE WERE CLRED TO 14000 FT AND THE ATC CTLR SAID 'EXPEDITE CLB THROUGH 11000 FT, THIS WAS OUR MISTAKE.' I DID NOT FEEL COMFORTABLE WITH THAT, AS WE WERE NOW VERY CLOSE TO THE DC9. I ADVISED ATC THAT WE WERE DSNDING TO 9000 FT, AND THEY CLRED US TO 9000 FT. WE THEN VISUALLY ACQUIRED THE OTHER ACFT AND THERE WAS NO DANGER. TCASII GAVE A YELLOW TA BUT DID NOT GIVE AN RA. THE GEOMETRY OF OUR FLT PATHS MIGHT NOT HAVE CROSSED, EVEN IF I HAD CLBED TO 10000 FT.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.